DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4788)

FAST FIX STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2016

Application for approval of the Fast Fix Steel Fixing Pty Ltd / CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fast Fix Steel Fixing Pty Ltd / CFMEU Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEUA) filed an application for the approval of a collective agreement between Fast Fix Steel Fixing Pty Ltd and the union. The agreement was submitted to the Fair Work Commission (FWC) for consideration, given its potential implications for employees in the steel fixing industry. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in terms of employees' rights and obligations.

The central legal issue before the FWC was whether the agreement satisfied the criteria set out in the Fair Work Act for being deemed a registered agreement. This included assessing whether the agreement covered the appropriate bargaining units and whether the union had genuinely bargained with the employer on behalf of the employees. Additionally, the court had to determine if the agreement was fair and reasonable, considering the interests of both the employer and the employees, and whether it adhered to the principles of procedural fairness.

The FWC meticulously examined the bargaining process and the content of the agreement. It found that the bargaining process had been conducted in good faith and that the agreement reflected the union's genuine representation of the employees. The commission concluded that the agreement was fair and reasonable, taking into account the balance of rights and obligations for both parties. It was noted that the agreement provided for a structured process for resolving disputes and included provisions for pay progression and other employee benefits. Consequently, the FWC approved the collective agreement, finding it to be compliant with the statutory requirements and fair in its terms.

The FWC's decision resulted in the approval of the Fast Fix Steel Fixing Pty Ltd/CFMEUA Collective Agreement 2016. The agreement was registered and would govern the employment conditions for the specified bargaining unit, reflecting the negotiated terms between the union and the employer.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established